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(영문) 광주지방법원 2017.02.22 2016고단5889
석유및석유대체연료사업법위반
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a gas station in the name of “D gas station” in Briju City.

No person shall manufacture, store, transport, store or sell fake petroleum products.

B. On May 15, 2016, the Defendant manufactured 40,000 liters of fake petroleum products in the storage tank every 1 storage tank and sold them to customers by mixing them with three storage tanks and removing the identification by transit at the rate of 2:8. On May 15, 2016. On May 21, 2016, the Defendant manufactured 40,000 liters of fake petroleum products in the storage tank every 3 storage tanks with the same method at the same place and sold them to customers. On May 21, 2016, the Defendant manufactured 19,000 liters of fake petroleum products in the storage tank 19,000 using the same method at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer in relation to E or F (two times, or the origin of the company);

1. Statement of the police statement related to G;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to data as a result of the D gas station analysis;

1. Article 44 Subparag. 3 of the Act on the Punishment of Crimes, the Selection of Petroleum and Punishment, and Articles 44 Subparag. 1 and 29(1)1 of the Petroleum Substitute Fuel Business Act (including manufacture and sale), and the selection of imprisonment with prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the types] the basic area [the general size (the size of not less than 50,000 liter, and less than 50,000 liter)] (the determination of the recommended area] [the scope of the recommended punishment] from 8 months to 1 year and 6 months;

2. Determination of sentence: Imprisonment with prison labor for not less than eight months (two years of suspended sentence), taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after committing the crime, the sentence shall be determined as ordered.

D. Unfavorable circumstances: Manufacturing fake petroleum products in a manner of mixing them with light oil, such as removing a separate food, and selling them as pure transit products;

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